What started as a whirlwind inter- racial sex 'deal' between a Japanese volunteer and an African guy from Botswana guy has ended with allegations of marriage fraud against the man by the financially ruined foreign woman.
36- year old Motoe Magi Horikawa from Osaka Japan was bowled over by a marriage proposal on the first date only to be heartbroken when her local hunk made excuses as to why they couldn’t marry after he had borrowed more than P 100 000 (about R127,000) that he wont pay back.
In an exclusive interview with The Voice, the devastated Horikawa said that she fell in love with the man of her dreams in 2015 while working as a volunteer at the Ministry of Health and Wellness as a Web Designer.
“He took me to Kanye in Botswana to show me “our cattle, goats and a plot.” I was impressed by his commitment to our relationship. He even told me that he was prepared to relocate to Japan with me if need be because he couldn’t live without me,” she narrated.
Hirokwana however quickly found out that Piet Simako Tapologo, 33, could definitely live without her when he dumped her soon after the P100,000 loan and proceeded to propose love to her friend, also a volunteer.
“He borrowed money claiming to be building a house for our kids and I gave him P50k because I trusted him.”
The smitten woman however became suspicious when her parents came over as agreed by the couple to meet the groom’s parents only for Tapologo to make excuses that his parents had travelled to South Africa for a funeral and therefore they could not be met.
When she asked again to meet his family, she was told it was impossible because they didn’t want to have a foreigner as a daughter in law.
“We then decided that our marriage was to be held in Japan as he also wanted to relocate for greener pastures.”
At the end of her contract Horikawa left for Japan to plan her wedding but
Tapologo asked her to send him a P50 000 loan for an alleged brain surgery in South Africa.
“He pretended that without the money he was going to die and I sent it. He then asked me to send him money for air ticket and I sent P12 000 but he kept on making excuses about why he couldn’t travel saying his passport was flagged.”
Hirokwama then came back to Botswana at the beginning of February this year to help him process the VISA and it was during her stay that she realsied that she was scammed as Tapologo showed no interest in processing a VISA to Japan.
Matters came to a head on February 16th when after a few drinks, he demanded to be given her bank pin number.
She further alleges that he drove her to a nearby ATM and forced her to withdraw money.
“I did as I was ordered and he took P8000 the day before I left.”
After that she never heard from him until one of her friends sent her a clip in which he was proposing love to the friend and vilifying Horikawa.
In the clip, which this publication is in possession of, Tapologo could be heard describing Horikawa as “ugly like an animal” before insisting on kissing the uncomfortable friend.
“I listened to the clip and that’s when it dawned on me that he is a marriage swindler, targeting Japanese volunteers.
I want my money back and if it was in Japan I was going to press charges against him and he was going to face the wreath of the law as a marriage swindler.” However, Tapologo dismissed Horikwama’s story as lies from a crazy woman.
“She is trying to be funny but she must know that we didn’t have any contract which obliges me to either marry her or pay her back. I don’t love her and I have violated nothing; she can go and report me,”
He went further to explain that Horikawa was too controlling and he suspected that she wanted to use him to gain Botswana citizenship.
“ I’m paying her nothing because I too supported her,” said the unemployed Tapologo.
Human Rights Advocate, Uyapo Ndadi of Ndadi Law Firm’s comment on legal implications
Breach of promise to marry is legally recognised in Botswana.
To make a case for it, one needs to show that indeed an agreement existed to at one point marry.
This may be in the form of text messages, actions such as engagement rings and material support to show that indeed the parties are moving towards marriage.
As regards the remedy available in law, the court cannot force the parties to implement the agreement, in other words, no one can be compelled to go ahead with the marriage if they have changed their mind.
Courts however can award damages against the person who breached the marriage.
As to how much the court will look at several factors, including but not limited to, the extent of the injury, the social status, the period of engagement, the time when the breach took place, and the financial standing of the person he or she hoped to marry.
Recent court decisions however point to a reduction in the amount of damages.
The courts say repudiation of promise to marry is no longer seen in the serious light that it was when marriage was regarded as the only proper course for all women.
The courts hold the view that the breach of promise is no longer likely to prejudice women reputation.
The trend is for damages to be as low as P5 000.00 and in the end it may not be worth the trouble, at least financially as to me litigation must make business sense, unless it is a serious principle issue.